TEST_Daily labour update_30.01.2018

ANNUAL LABOUR UPDATE MONITOR 2017/2018
An overview of the year that was: an analysis of the prominent bla bla (still thinking) …

















































“Ethics is knowing the difference between what you have a right to do and what is right to do.”
POTTER STEWART


“I Busted A Mirror And Got Seven Years Bad Luck, But My Lawyer Thinks He Can Get Me
Five.”
STEVEN WRIGHT

“It Is Better To Risk Saving A Guilty Man Than To Condemn An Innocent One.”
VOLTAIRE


“Justice Delayed Is Justice Denied.”
WILLIAM E. GLADSTONE



Legal Services Department | CCMA | MARCH 2018




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Developed and Compiled by the CCMA Research Unit:
Legal Services Department
2017/2018

QUICK REFERRAL LINKS
1. BUSINESS DAY LIVE: “UNIONS PURSUE DIFFERENT ROUTES IN NEGOTIATIONS WITH SAA”
th
(By: Andiswa Maqutu). Article published on the 13 of May 2016 ............................................................ 3
2. BUSINESS DAY LIVE: “SAA WAGE NEGOTIATIONS HEAD FOR MEDIATION AT CCMA” (By: Karl
Gernetzky). Article published on the 12th of May 2016 ........................................................................... 4

3. BUSINESS DAY LIVE : “LILY MINE OFFERS WORKERS VOLUNTARY RETRENCHMENT
PACKAGES” (By: Karl Gernetzky). Article published on the 13th of May 2016 ........................................ 4

4. BUSINESS DAY LIVE: “LILY MINE AIMS TO RESTART OPERATIONS” (By: Karl Gernetzky) Article
published on the 16th of May 2016 .......................................................................................................... 5
5. CITY PRESS : “UNEASY CALM AT RBM MINE” (By: Paddy Harper) Article published on the 15th of
May 2016 ................................................................................................................................................. 6
6. THE TIMES LIVE: “SAA DENIES WAGE DEADLOCK DURING NEGOTIATIONS” (By: Karl Gernetzky)
Article published on the 15th of May 2016 ............................................................................................... 7
7. SUNDAY TIMES BUSINESS : “RACE ROW HITS METAL PAY BODY” (By: Nompumelelo Magwaza).
Article published on the 15th May 2016 ................................................................................................... 8
8. THE TIMES LIVE: “STRIKING SANRAL SERVICE PROVIDERS TO HAND OVER DEMANDS AHEAD
OF CCMA TALKS” (By: TMG Digital). Article was published on the 12th of May 2016. ............................. 9
9. CITY PRESS: ACCELERATE CHANGE (by Mthunzi Mncane). Article was published on the 18th of
May 2016. .............................................................................................................................................. 10

10. THE INDEPENTANT: CAN SA AVOID ANOTHER PLATINUM STRIKE? (By: Eddie van der Walt,
Kevin Crowley and Paul Burkhardt) Article was published on the 20th May 2016 .................................. 12

11. DAILY NEWS: OUTSOURCED WORKERS BATTLE ‘GREEDY FAT CATS’ (by Chris Ndaliso)
Article was published on the 19th of May 2016 ...................................................................................... 12
12. IOL NEWS: ‘YOUTH JOB PSYCHE HAS TO CHANGE’ (By: ANA Reporter) Article published on
the 17th of May 2016 ............................................................................................................................. 13
13. CAPE TIMES: RULING SHOWS IT’S BEST TO SNITCH ON COLLEAGUES (By: Kamini
Padayachee) Article was published on the 22nd of May 2016 ................................................................ 14
14. CAPE ARGUS: COURT SHOWDOWN OVER GOOD HOPE CENTRE (By: Lindsay Dentlinger)
Article published on the 16th of May 2016 ............................................................................................. 15






















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1. MEDIA UPDATE

BUSINESS DAY LIVE: “UNIONS PURSUE DIFFERENT ROUTES IN NEGOTIATIONS WITH SAA”
(By: Andiswa Maqutu). Article published on the 13 of May 2016
th
Article citation: http://www.bdlive.co.za/business/transport/2016/05/13/unions-pursue-different-routes-in-
negotiations-with-saa


THE four trade unions in wage talks with South African Airways (SAA) have given conflicting accounts about whether
or not negotiations have deadlocked.

The unions — Uasa, the National Transport Movement (NTM), the National Union of Metalworkers of SA (Numsa)
and the South African Cabin Crew Association (Sacca) — collectively form a bargaining unit that represents ground
staff and cabin crew at the airline.

SAA has two additional bargaining units — one for technical staff and the other for pilots. Although Uasa said this
week that negotiations had deadlocked after SAA chairwoman Dudu Myeni made comments last Friday to the effect
that the carrier had money, Uasa spokesman Willie van Eeden contradicted this on Thursday, saying the union would
continue with negotiations today and Monday.

The NTM, which claims to be the majority union at the airline, said wage talks were continuing and had not reached
a stalemate.

NTM general secretary Ephraim Mphahlele said SAA was still open to talks.

Mr Mphahlele added that "minority unions" had gone to the Commission for Conciliation, Mediation and Arbitration
(CCMA) without informing the NTM.
"We are not party to their dispute. As a majority union, we can’t be used by smaller unions for their own political
interests," he said.

Numsa and Sacca insist that negotiations have soured, but said this was the case long before Ms Myeni made her
comments.

Numsa spokesman Diwe James said: "It is incorrect that the chairperson of the board of SAA made us increase our
demands. The issue with the chairperson has nothing to do with the deadlock."

Mr James said the union had wanted a 13% basic salary rise, but management had asked that Numsa revise this
down.

Numsa took this down to 11%, but the union said that management had turned this down.

In response, the union applied for mediation at the CCMA.
Sacca president Zazi Nsibanyoni-Anyiam said her union was also part of the CCMA application. She said the union
wanted an increase in the cabin crew leave allowance, as this had not been negotiated since 2012, as well as
compensation for a lunch-hour sacrifice for cabin crew on flights, full maternity pay for female crew members and a
25% hourly night rate hike.

"The pilots have settled on a 6.7% increase on top of a lot of money that they are paid. But over the years, cabin
crew have been done in," she said.

Airline spokesman Tlali Tlali said that it had tabled two offers, but would not reveal details.
"The offers we present to labour unions are informed by the principles of affordability and sustainability, which
underpin what is reasonable under the current financial and economic climate," he said.


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2. BUSINESS DAY LIVE: “SAA WAGE NEGOTIATIONS HEAD FOR MEDIATION AT CCMA” (By: Karl
Gernetzky). Article published on the 12th of May 2016
Article citation: http://www.bdlive.co.za/business/transport/2016/05/12/saa-wage-negotiations-head-for-mediation-
at-ccma1


WAGE talks at South African Airways (SAA) are headed towards mediation, while the airline on Thursday moved to
dispel perceptions it had sufficient cash to meet high wage demands.

United Association of SA (Uasa) sector manager Willie van Eeden said on Thursday that unions were awaiting a
date for talks under the auspices of the Commission for Conciliation Mediation and Arbitration (CCMA).

Wage demands remained unchanged, he said.

On Tuesday, unions in wage negotiations with SAA said they had raised their wage demands from single digits to
11%, after SAA chairwoman Dudu Myeni said on Friday that SAA was financially sound and "had money".

Finance Minister Pravin Gordhan said last week that SAA would not be granted any further government guarantees
until a new board and management were appointed.
SAA needs this guarantee to sign off on its financial statements for 2014-15.

SAA on Thursday denied there was a wage deadlock during negotiations, saying Ms Myeni’s comments had been
limited to the extent to which the airline could continue to operate without reliance on the state.

"Comments made that SAA ‘has money’ did not imply that the airline has now become profitable," the statement
read.

Uasa, the National Transport Movement (NTM), the South African Cabin Crew Association (SACCA) and National
Union of Metal Workers Association (Numsa) had been bargaining since the beginning of April, Mr van Eeden said.



3. BUSINESS DAY LIVE : “LILY MINE OFFERS WORKERS VOLUNTARY RETRENCHMENT PACKAGES”
(By: Karl Gernetzky). Article published on the 13th of May 2016
Article citation: http://www.bdlive.co.za/business/mining/2016/05/13/lily-mine-offers-workers-voluntary-
retrenchment-packages
VANTAGE Goldfields’ Lily Mine has begun offering voluntary severance packages to employees but has indicated it
will not be able to pay them until funding has been secured, Solidarity said on Thursday.

Workers at the mine were informed by the mine’s business rescue practitioner on Thursday that they could apply for
the packages, but payment of outstanding salaries for April and May could take up to a year to secure, Solidarity
general secretary Gideon du Plessis said.

Operations at Lily Mine near Barberton, Mpumalanga, have been halted since February when a shaft collapsed
trapping 76 mineworkers, who were later brought to the surface.

Solomon Nyerenda, Pretty Nkambule and Yvonne Mnisi were in a lamp room on the surface, which fell into a
sinkhole. Rescue operations to recover the metal container they were in were suspended after it was determined the
ground was too unstable to continue. A new operation may resume only later this year.
An offer of R650 for workers for April drew their ire, leading to protests and picketing by about 800 workers at the
site.

"Ever since the mining accident on February 5, workers had to listen to the false promises made by management
and politicians, none of which (were) realised," he said.



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Solidarity on Thursday appealed to financial institutions to give favourable consideration to a loan application aimed
at paying salaries and raising capital to restart operations at unaffected parts of the mine.
The state-appointed business rescue practitioner, the National Union of Mineworkers (NUM) and the Association of
Mineworkers and Construction Union (Amcu) could not immediately be reached for comment.




4. BUSINESS DAY LIVE: “LILY MINE AIMS TO RESTART OPERATIONS” (By: Karl Gernetzky) Article
published on the 16th of May 2016
Article citation: http://www.bdlive.co.za/business/mining/2016/05/16/lily-mine-aims-to-restart-operations


LILY Mine’s business-rescue practitioner says a plan for the mine will be delivered on Monday, including the
development of a new shaft to restore operations and help recovery efforts for trapped mine workers.

Business-rescue practitioner Rob Devereux said on Friday the mine was seeking to raise about R200m for a new
shaft that could reopen the mine and help recover workers trapped since February this year.

Trade union Solidarity announced on Thursday that the mine was offering voluntary severance packages to enable
employees to access the Unemployment Insurance Fund (UIF) and their pensions.

Operations at Vantage Goldfields’ Lily Mine near Barberton, Mpumalanga, have been halted since February when a
shaft collapsed, trapping 76 mine workers, who were later brought to the surface.

But three employees — Solomon Nyerenda, Pretty Nkambule, and Yvonne Mnisi — who were in a lamp room on the
surface, were trapped when a sinkhole developed.
Rescue operations to recover the metal container in which they were trapped were suspended after it was determined
the ground was too unstable to continue the rescue work.

A new rescue plan developed by numerous international geotechnical experts may resume only later this year.
The offer of voluntary severance packages follows the closure of the mine since February. Initially, employees were
offered R650 each for the month of April. This sparked protests and picketing by about 800 workers at the site.

Devereux said on Friday that even though severance packages were being offered, the mine would prioritise rehiring
those employees who had accepted the retrenchment option once operations resumed.
Agreements had been struck with various government departments to aid mine workers and their families, as well
as to expedite issues such as access to the UIF, he said. "We have got various projects in that business rescue plan
including the development of the new decline shaft."
Devereux said raising funds for the new shaft had proven difficult due to perceptions that the mine faced labour
instability because of union rivalry, as well as illegal mining.

He said the concerns had been attended to and, that once funding was secured, mine operations could resume in
six to eight months.

Solidarity appealed on Thursday for financial institutions and the state to finance a new plan, while the National Union
of Mineworkers (NUM) expressed concern last week about lack of consultation over the process.

NUM regional deputy chairman Makhosonke Magudulela said the union was concerned that the mine was seeking
to get rid of its workforce cheaply.

Devereux said the mine was obliged to engage with affected parties, but the NUM had not come forward.

There had been engagements with the majority union, the Association of Mineworkers and Construction Union,
Solidarity — which is not a recognised union — as well as non-unionised employees, he said.


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2017/2018

5. CITY PRESS : “UNEASY CALM AT RBM MINE” (By: Paddy Harper) Article published on the 15th of May
2016
Article citation: http://city-press.news24.com/Business/uneasy-calm-at-rbm-mine-20160513

Community speaks out, RBM was last week forced to suspend its operations because of protests by the Sokhulu
and Mbonambi communities. Picture: Siyanda Mayeza
An uneasy sense of calm has returned to Rio Tinto’s Richards Bay Minerals (RBM) mine in Kwambonambi on the
KwaZulu-Natal north coast, which resumed operations this week after violent community protests forced a shutdown
last week.
The return to work may be short-lived, however, as the National Union of Mineworkers (NUM), which has a 70%
majority among the 4 000-strong workforce, is threatening action over the company’s decision to force permanent
staff to take paid leave during the shutdown, and its a no work, no pay policy for contract workers.
Half of RBM’s workforce is on contract and is recruited via labour brokers.

On Thursday morning, before going back to work, the NUM’s members held a meeting to discuss action over the
wages issue and safety at the mine, which consists of a series of opencast dune pits from which high-quality pig iron,
rutile, titania slag and zircon are extracted for the Chinese, US and European paint, paper and electronics
manufacturing markets.

They threatened action if the company withheld pay for the shutdown, during which only essential staff and small
maintenance crews were on site.
Residents of the Sokhulu and Mbonambi communities, where RBM’s smelter and dune mine have been operating
for 40 years, burnt four mine vehicles and blocked access roads with burning tyres and logs in an attempt to force
the company to employ more locals.

RBM employs 400 people from the 40 000-member Mbonambi community and a further 160 from Sokhulu, which
has about 9 000 residents.

The protesters, who held a march outlining their grievances on April 25, also claim the company has failed to meet
its commitments for community development programmes, and they want more money for skills training and more
opportunities for local businesspeople to tender for RBM contracts.

The company shut down last Saturday after police were called in to disperse protesters, sending staff on leave and
bringing in maintenance crews.
“RBM took a unilateral decision to go on shutdown,” said Emmanuel Zakwe, the NUM permanent shop steward at
RBM.

“Our members cannot be the ones to pay for it. If their full pay is not paid at the end of the month, we will take the
company head on.”

The threat from the NUM puts additional pressure on a fragile agreement brokered between RBM and the two
communities by KwaZulu-Natal Economic Development MEC Mike Mabuyakhulu, who met protesters, traditional
leaders, local government, the police and regional business to try to get the mine reopened while a team drawn from
the various interest groups reviews RBM’s employment practices and social investment targets.

On Tuesday, Mabuyakhulu told residents of Mbonambi that the team would review the social investment, contracting
and employment situation and report back in a month.
Mabuyakhulu stressed the importance of keeping RBM – which contributes 50% of KwaZulu-Natal’s mining revenue
through the 2 million tons of products it exports annually – in operation for the sake of the regional economy.

He was less well received on Wednesday in Sokhulu, where the pits are located and where the arson attacks and
assaults on workers took place last week.



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A group of young people walked out during his speech, sparking fears that they may not abide by the commitment
their leaders gave to allow safe access for workers.
Boy Mthembu (51), a stores clerk who has been at RBM for 11 years, said he had been concerned for his safety
during the protests and couldn’t go to work. He said the company needed to pay more attention to the community’s
needs.
“People are angry. The young people need jobs, but they don’t get them. The company needs to do more. My house
was damaged by trucks from RBM. I complained last year, but nobody has come to see what happened,” he said.

A resident involved in the Mbonambi protests, who asked not to be named, said they would “wait and see” what
came from the new agreement.
The 28-year-old, who has matric and certificates in welding, has been trying to get a job with RBM for 10 years, but
has not managed more than a three-month contract.

“We are tired. It’s like being buried alive, sitting here and watching people from outside coming here in buses every
day. For every 10 buses, only one has people from this area. If you don’t have a contact with the labour broker or
with RBM, you can forget it,” he said.

On Thursday morning, convoys of earth-moving machines began leaving the smelter area at Mbonambi and heading
past piles of burnt logs that were still in the road after the protests.

RBM spokesperson Fundi Dlamini said the decision to return to work while the task team tried to resolve community
grievances had been made after their leaders had guaranteed that there would be no more attacks.

Addressing Tuesday’s meeting, Mabuyakhulu told community members that a lengthy conflict would force RMB to
close the mine, affecting the entire region economically.

Mabuyakhulu said that while discussions to find a long-term solution continued, the law would take its course. “If you
are from the community and you are dirty, the law will deal with you. If you are from the company and you are dirty,
the law will deal with you.”

Department of mineral resources spokesperson Martin Madlala said the department was part of the stakeholder
forums convened by Mabuyakhulu to try to resolve the crisis.
“These engagements include meeting with the different communities and the mines, with the aim of finding
sustainable solutions to the current challenge,” he said.




6. THE TIMES LIVE: “SAA DENIES WAGE DEADLOCK DURING NEGOTIATIONS” (By: Karl Gernetzky)
Article published on the 15th of May 2016
Article citation: http://www.timeslive.co.za/local/2016/05/12/SAA-denies-wage-deadlock-during-negotiations



Wage talks at South African Airways (SAA) are headed towards mediation‚ while the airline on Thursday moved to
distance itself from perceptions it had sufficient cash to meet high wage demands.

United Association of SA (Uasa) sector manager Willie van Eeden said on Thursday that unions were currently
awaiting a date for talks under the auspices of the Commission for Conciliation Mediation and Arbitration (CCMA).
Wage demands remained unchanged‚ he said.
On Tuesday‚ unions in wage negotiations with SAA said they had revised upwards their wage demands from single
digits to 11%‚ after the airline's board chair Dudu Myeni said on Friday SAA was financially sound and "had money".

Earlier‚ Finance Minister Pravin Gordhan had said that SAA would not be granted any further government guarantees
until a new board and management were appointed. SAA needs this guarantee to sign off on its financial statements
for 2014-15.

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SAA on Thursday denied there was a wage deadlock during negotiations‚ saying Ms Myeni's comments had been
limited to the extent to which the airline could continue to operate without reliance on the state.
"Comments made that SAA 'has money' did not imply that the airline has now become profitable‚" the statement
read.

Uasa‚ the National Transport Movement (NTM)‚ the South African Cabin Crew Association (SACCA) and National
Union of Metal Workers Association (NUMSA) have been bargaining since the beginning of April‚ Mr van Eeden said.




7. SUNDAY TIMES BUSINESS : “RACE ROW HITS METAL PAY BODY” (By: Nompumelelo Magwaza).
Article published on the 15th May 2016
Article citation: http://www.timeslive.co.za/sundaytimes/businesstimes/2016/05/15/race-row-hits-metal-pay-body


A behind-the-scenes plan by an employer association to oust the general secretary of the biggest bargaining council
in the country has been described as an attempt to topple a black man in charge - a claim that drew an angry rebuttal
this week.
A letter seen by Business Times proposes that the general secretary of the Metal and Engineering Industries
Bargaining Council, Thulani Mthiyane, be suspended.

It was written by the chairman of the South African Engineers' and Founders' Association, Ross Williams, to the
board of the Steel and Engineering Industries Federation of Southern Africa.

Saefa is one of 26 associations that are members of the MEIBC, along with the National Employers' Association of
South Africa.

Irvin Jim, general secretary of the National Union of Metalworkers, said it was because Mthiyane was black.
Williams said Jim's allegation was offensive and untrue. "Where is their proof?" he asked.

Williams said that he also supported a suggestion by another employer association for a "certain black senior
commissioner from the Commission for Conciliation, Mediation and Arbitration as a possible caretaker for the
MEIBC".

He added: "So Numsa and Mthiyane have not a leg to stand on."

I have had resistance from some of the employers from day one in office
In his letter, however, Williams had suggested replacing Mthiyane with Johan Pieterse of the Constructional
Engineering Association of South Africa, also a member of the MEIBC.

"He [Pieterse] knows the constitution and processes of the MEIBC better than anyone else and absolutely will not
budge on the correct process being adhered to," Williams wrote.

Jim said: "Numsa obviously rejects any opportunistic agenda that aims to shift the blame to Mthiyane because he is
black.

"That Mthiyane should be replaced by Pieterse is definitely a big no.
"Numsa believes that the letter Williams addressed to board members at Seifsa was mischievous and is rejected by
the metal workers now and in future."

Jim suggested that an application for an increase in levies, paid by employers and employees to the bargaining
council, had led to the move against Mthiyane.

"When in 2012 the issue of increasing levies was raised, the opportunistic and indeed conservative employers,
together with Neasa, objected," said Jim.


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Mthiyane said he was surprised by the suggestion that he should be suspended.

He said this was mainly because he was the first black general secretary of the council in the 72 years of its existence.
Mthiyane, who was elected as the council's general secretary in 2012, said: "I have had resistance from some of the
employers from day one in office."

He said he did not dispute that the council needed help, but it should be done through a unified bargaining council.
The bargaining council, which is a statutory body, has asked for an 18% increase in levies.

It has had no levy increase since 2011. The MEIBC is reportedly insolvent and unable to hold its AGM.

Employers' associations have rejected a raise in levies.

Jim said Numsa would support an increase in levies at the council's meeting on May 25.
Speaking to Business Times, Williams said there was an urgency to save the bargaining council and the suggestions
in his letter to Seifsa's board had been made after consultations with some employer bodies.

The letter from Williams also proposed not extending the wage agreement to any organisations that were not part of
the accord.

Williams said much of the "contestation" in the bargaining council concerned the extension of the agreement to non-
parties.
He said many of the problems at the bargaining council over the past five years also centred on costs.

Last week, the High Court in Pretoria dismissed an application by the Free Market Foundation to remove an extension
of the bargaining council agreements to non-parties.
At issue was the power of the minister of labour to extend the agreement.

Seifsa CEO Kaizer Nyatsumba would not directly respond to the questions regarding the Williams letter.

"I can confirm that the Seifsa council met on Monday afternoon and discussed the concerning situation in which the
MEIBC finds itself.
"We resolved to work with other stakeholders to support that institution if an agreement can be reached on some
conditions," he said.

Nyatsumba said Seifsa regarded the MEIBC as an important institution that should not be allowed to fail.

Saefa and Neasa said last week that the bargaining council should be placed under administration.



8. THE TIMES LIVE: “STRIKING SANRAL SERVICE PROVIDERS TO HAND OVER DEMANDS AHEAD OF
CCMA TALKS” (By: TMG Digital). Article was published on the 12th of May 2016.
Article citation: http://www.timeslive.co.za/local/2016/05/12/Striking-Sanral-service-providers-to-hand-over-
demands-ahead-of-CCMA-talks



South African Transport and Allied Workers’ Union (Satawu) members employed by Teti Traffic will hand over a
memorandum of demands at the offices of the South African National Roads Agency Limited (Sanral) on Friday.

This will come “ahead of the meeting with the employer at the Commission for Conciliation Mediation and Arbitration
(CCMA)”‚ a Satawu statement said.
Negotiations at the CCMA on May 4 “were inconclusive as the employer’s negotiators claimed they did not have a
mandate to act on the offer on the table”.


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Those aborted talks came two days after the striking workers blocked the N1 North near New Road offramp.

Teti Traffic is contracted by Sanral to clear accidents off the roads of Gauteng.
The union is demanding salary increases for a number of categories of its members.

It wants an increase from R4 325 to R6 000 for general workers‚ an increase from R4 680 to R9 000 for basic life
support staff‚ R6 000 to R7 000 for traffic safety officers‚ R6 600 to R12 000 for traffic management staff‚ R13 000 to
R16 000 for senior operators‚ and R4 325 to R13 000 for technicians.

The union is also demanding other benefits including a provident fund‚ medical aid and a 13th cheque.

The employer had indicated it could only afford a 7% increase.
City Press


9. CITY PRESS: ACCELERATE CHANGE (by Mthunzi Mncane). Article was published on the 18th of May
2016.
Article citation: http://city-press.news24.com/Business/accelerate-change-20160415

In recent years, the Black Management Forum (BMF) has been struggling to find companies to award for their
achievements in transformation – a clear indication that there is no model company for transformation in South Africa
today.

The Jack Hammer Executive Report, which was released late last year, reveals that the proportion of black South
African CEOs has fallen from 15% in 2012 to 10% in 2015.

These astounding statistics prompted the forum to request companies to consider and favour black candidates when
they are recruiting for CEO and other executive positions in companies today.

This is direct evidence that the transformation project is indeed in reverse gear and the rainbow nation of Archbishop
Tutu is becoming increasingly elusive.

Putting matters into perspective, there are more than 40% of black people who are unemployed, compared with only
about 6% of white people.
White families earn six times more than their black counterparts, according to the report: a black family’s annual
income is R60 000, whereas a white family earns an annual income of R365 000.

As far as management representation goes, whites make up only 10% of the economically active population, but
occupy more than 70% of the top management positions.

This, compared with 13.6% held by black Africans. Coloured and Indian people hold 4.7% and 8.4% of top
management level positions, respectively.

According to Stats SA, a white young adult without a matric is more likely to hold a managerial job than an African
young adult with a BA degree or diploma.

Based on the above statistics, it is clear that we are sitting on a time bomb as a nation. Business and other institutions
have been subscribing to a minimalist approach as far as the implementation of transformation is concerned.
It is evident that self-regulation in matters of transformation has failed.

The stakes are usually high in BEE and the outcomes are drastic; they could conceivably be seen as radical.
Consequently, those who actively champion this subject are easily labelled and sometimes even condemned. BEE
and transformation are controversial and challenging, but when effectively carried out, they change lives.

John F Kennedy reminds us that “those who make peaceful revolution impossible will make violent revolution
inevitable”.

Can we successfully implement BEE and transformation without the significant or widespread permission from those
who are in control? I think we can, and this is how:
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Firstly, the rule of law and parts of our legislation, such as – but not limited to – the Employment Equity Act and
Broad-Based BEE Act must be put to test.
Companies must be taken to court for disregarding these laws and must publicly explain their recruitment and
decision-making processes. The former act must also apply at CEO and executive levels to ensure they reflect our
broader societal demographics.
Secondly, there must be an Employment Equity Tribunal, which will determine the fines to companies that are not
complying with the Employment Equity Act based on the work done by the Employment Equity Commission.

This will be similar to how the Competition Commission and Competition Tribunal are currently structured.
Thirdly, the director-general reviews conducted by the department of labour must be publicised to understand the
explanations for the transformation impasse.

The labour department’s inspectorate must be capacitated and strengthened to execute its responsibility. The
outcome of their work will help provide transformation watchdog organisations such as the BMF with reliable and
concrete evidence for legal challenge.

Fourthly, the JSE listing requirements must include diversity and further stipulate representation of black people and
women based on the turnover, size and industry in which companies operate.
Fifthly, black people who are executives or nonexecutive directors must know that they carry the responsibility for
transformation, whether they like it or not.

These people are our role models and sources of inspiration as black professionals, and their behaviour and conduct
must reflect that.
In fact, they are the biggest beneficiaries of affirmative action – they would not be occupying those positions if
companies were not forced to appoint black people.

Finally, it is about time that we take transformation as seriously as we take exchange controls, corporate governance,
accounting reporting standards or the creation of shareholder value.

It is only then that transformation would be a business imperative.

The hashtag movements (#RhodesMustFall, #FeesMustFall and others) that caused revolt at our institutions of
higher learning will soon be coming to corporate South Africa.
Those students will be graduating in the next two to three years, and the majority of them will be employees at our
private sector companies.

Companies are currently struggling to manage the millennial generation, so I can only imagine the complex
dimension that the workplace would have to contend with.

It would be better for them to enter a transformed workplace, otherwise there will be another leaderless revolution –
with the corporate workplace as the battlefield. Mark my words.
It is about time that we develop policies and solutions for the society that we have, and not the one we wish we had.
The Employment Equity and Broad-Based BEE acts have been instrumental in lifting black people out of poverty and
creating the black middle class.

It is 22 years since our country finally became free and democratic. However, the dream and vision of our founding
father, Nelson Mandela, for a South Africa that is united and racially prosperous is under threat. The dividends for
our freedom and democracy are yet to be realised.

An organisation that undermines transformation perpetuates societal inequality and economic injustice.
The organisation’s espoused and practised values have to be in congruence, otherwise there will be tension between
desired and actual behaviour in the organisation.



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Transformation should not appear on the professional’s to-do list, but rather in the culture and essence of running
the business.

10. THE INDEPENTANT: CAN SA AVOID ANOTHER PLATINUM STRIKE? (By: Eddie van der Walt,
Kevin Crowley and Paul Burkhardt) Article was published on the 20th May 2016
Article Citation: http://www.iol.co.za/business/news/can-sa-avoid-another-platinum-strike-2023968

Johannesburg - At least the world’s biggest platinum producer and the main South African labour union can agree
on one thing before wage demands have even been set - any disruption won’t be as painful as last time.

Anglo American Platinum and the Association of Mineworkers and Construction Union, who are preparing for new
labour talks before a two-year agreement ends next month, both on Thursday said they don’t expect any major output
interruptions. The last accord was signed following a crippling five-month mine strike, the longest in South African
history.

What’s so different this time around is the state of the industry. Prices have slumped by a third since that strike
ended, forcing mining companies to cut jobs because many operations have become unprofitable. The lower price,
as well as the effects of that strike, prompted Impala Platinum Holdings and Lonmin, the next largest producers, to
raise funds from shareholders last year. South Africa is the biggest platinum producer.

“This will be a very different wage negotiation round,” Chris Griffith, the chief executive officer of Amplats, as the top
miner is known, said in an interview in London. “There have been massive job reductions since then, so I think there
is a much greater sense of reality and the expectations are very different.”

Labour union

The AMCU, the dominant labour group on South Africa’s platinum belt, also doesn’t anticipate any large disruptions,
Manzini Zungu, a spokesman for the group, said in a text message. It’s in the process of compiling demands, he said
on Friday.

During the 2014 strike, platinum prices remained little changed as large stockpiles compensated for production
losses. The metal has gained 14 percent this year to $1,018.95 an ounce, rebounding from the lowest since 2008.

Mine shutdowns and safety stoppages have already hit production this year in South Africa, where almost three
quarters of platinum and about 40 percent of palladium is mined. Global platinum mine production is set to fall 5
percent in 2016, after reaching a four-year high, research firm Metals Focus said in a report on Monday. Palladium
production will fall by a similar amount after jumping to the highest since 2010.

The AMCU in 2013 displaced the National Union of Mineworkers as the largest representative of employees at the
biggest platinum producers.
“There is still inter-union rivalry, so that will still play a factor,” Griffith said. “I think we will have a reasonable
settlement with limited disruption.”

11. DAILY NEWS: OUTSOURCED WORKERS BATTLE ‘GREEDY FAT CATS’ (by Chris Ndaliso) Article

was published on the 19th of May 2016
Article citation: http://www.iol.co.za/dailynews/news/outsourced-workers-battle-greedy-fat-cats-2023440

Durban - Disgruntled outsourced workers have vowed “to stand their ground” against “greedy fat cats” who have
raked in millions in government tenders while exploiting their employees.
The workers, comprising mainly of security guards, cookers and cleaners, did not go to work for the second day on
Wednesday, but instead remained at the entrance of Prince Mshiyeni Memorial Hospital in uMlazi

While chanting slogans demanding better pay, nurses could be seen in various sections of the hospital cleaning or
walking along with cleaning materials in hand.
“Both the contractors and the department are parasites. As a security guard, I make about R13 000 for the contractor
per month, yet I’m taking home just over R3 000. Those who cook make about R12 000 each, yet they get paid
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R2 000, the same amount as the cleaners. We have served in these respective companies in this same hospital for
up to eight years, just making enough money for the unscrupulous fat cats,” said a security guard who asked to
remain anony¬mous. Another striking employee, a cleaner, said they would only go back to work once the
department absorbed them into its payroll.

“This government should do the right thing, empower us all. It makes no sense to give millions of rand to one person
to exploit others. Of course, not unless there are shady deals or collusion between well-connected individuals and
the department,” she said.

On Tuesday, the health department had claimed in a statement that striking employees had compromised health
services at Montebello in Ndwedwe, Prince Mshiyeni in uMlazi, and EG & Usher hospitals in the Greater Kokstad
areas.

Attempts to get comment from the department, contractors Mbodla Security’s Mike Gumede, Mbabazane Cleaning
Service’s Simo Buthelezi and Fedics Catering Solutions’ Royce van der Zwan were all unsuccessful on Wednesday.
Despite a request for e-mailed questions, the department’s Sam Mkhwanazi and Agiza Hlongwane could not provide
answers as to how the cleaning impacted on the nurses’ contractual duties, or whether the department had taken
the workers’ grievances – to do away with contractors – into consideration.
At Mbodla, a man who identified himself as Lindiwe said: “I don’t wish to comment; leave your number and Mike
Gumede will contact you”.

Buthelezi’s phone was off while at Fedics a woman who identified herself as Mary requested e-mailed questions.
National Education Health and Allied Workers Union (Nehawu) are expected to launch a provincial campaign for in-
sourcing tomorrow, said spokeswoman Thobile Nkosi.

The campaign would seek to force the employer to abandon labour broking and absorb the existing staff into the
system.
Moses Tsotetsi, the SA Public Service Union’s national general secretary, said more public servants affected by
labour outsourcing were joining the strike action to “send a stern” message to government that “enough was enough”.

“The Labour Department should be enforcing compliance with labour laws to protect employees from exploitation,”
said Tsotetsi.
Denosa’s Cassim Lekhoathi lambasted the department for making nurses clean, while those employed for the task
were fighting their battle for better wages.

12. IOL NEWS: ‘YOUTH JOB PSYCHE HAS TO CHANGE’ (By: ANA Reporter) Article published on the
17th of May 2016
Article citation: http://www.iol.co.za/business/news/youth-job-psyche-has-to-change-2022853

Pretoria – Young people’s impressions on certain careers paths had to be changed if South Africa was to turn the
tide on the extensive unemployment situation, Tshwane Mayor Kgosientso Ramokgopa said on Tuesday.
“To the young people it is more prestigious to go to a university as opposed to go to a technical college. That is the
psyche we need to change. Until we’re able to resolve that question, I don’t think we are going to make a significant
dent with regards to the levels of unemployment,” Ramokgopa told reporters at the Tshwane International Trade and
Infrastructure Investment conference in Pretoria.
“One of the things that is in short supply in the country is the design of new tooling to help us with regards to
industrialisation and manufacturing. That is not a space that young people are attracted to, and I guess that is a
function of society.”
Over 300 delegates, representing leaders of businesses, different governments’ officials and potential investors from
key economic sectors are attending the 2016 edition of the TITIIC.



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Apart from housing some of the world’s leading motor manufacturers, including BMW, Nissan, Ford and Tata, the
capital city is also home to 134 foreign embassies and missions – the largest concentration in the world outside of
Washington DC.

Ramokgopa said despite having a buoyant economy, compared to other municipalities in South Africa, the economic
investments will need to be translated into tangible outcomes which cut joblessness and improve the standard of life
for Pretoria residents.

Ramokgopa said, however, that young people had to sharpen their skills in order to secure the employment in
numerous economic projects across the city.

“When we get investors on board, we are are able to draw on existing skills in that locality and that translates to
improving the lives of the youngsters. A point has been made that some of the youngsters are not equipped to
participate in the mainstream economy, so they can’t be absorbed by the economy because they don’t have the
requisite skills,” said Ramokgopa.
“Some of them might have post secondary qualifications but that doesn’t give them entry into the economy. That is
why there is emphasis on other vocations.”

Earlier, Ramokgopa paid tribute to the automotive sector for driving the capital city’s economy during the current
challenging global economic conditions.

“I assume all of us have seen in the recent months investments made in the automotive sector of the our economy
which currently accounts for over 40 percent of automotive exports for South Africa and 10 percent of total export of
the country,” Ramokgopa told delegates in his opening speech at the conference.
“Ford announced an investment of R2.5 billion, to produce the new Everest SUV at its Silverton Plant in Tshwane.
This investment will create further 1 200 much needed jobs in the local economy,” said Ramokgopa.

“The investment follows hot on the heels of recent expansion plans by BMW (R6 billion) and Nissan (expansion from
40 000 to 80 000 units) in their plants in Rosslyn.”


13. CAPE TIMES: RULING SHOWS IT’S BEST TO SNITCH ON COLLEAGUES (By: Kamini Padayachee)
Article was published on the 22nd of May 2016
Article citation: http://www.iol.co.za/capetimes/ruling-shows-its-best-to-snitch-on-colleagues-2024686
DURBAN: There is no protection in remaining silent while others commit violent acts during strikes, and snitching on
your colleagues may be the best policy to keep your job.

This was the upshot of a recent ruling in the Durban Labour Court, which found that workers who were fired for failing
to report their colleagues involved in the violence had been fairly dismissed.
The case, before Judge David Gush, involved an incident at Dunlop in Howick, when workers went on strike in August
2012.

The workers were represented by the National Union of Metalworkers (NUM) during the court case.
The company went to court to review an arbitrator’s decision that 65 workers had been unfairly dismissed

It found that the dismissals had been lawful as the trust relationship between the company and workers had broken
down.

The protected strike, over a wage dispute, involved violent acts in which striking workers threw stones and sticks at
vehicles entering and leaving the premises.

According to the judgment, the company had to call in private security to protect its premises, and video footage
painted a picture of a “dangerous, volatile situation” during the strike.
An interdict to prevent the violence was obtained by the company, but the chaos continued. The company then made
repeated calls for workers to report the perpetrators of the violence, but this was not done.

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This led to the company dismissing 65 workers for derivative misconduct for failing to report those involved in the
violence, and the matter went to arbitration.
The company had not identified the workers who had been present during the strike, and the workers relied on that
to state that they had no obligation to report the perpetrators or exonerate themselves.

The judge said the workers were given an opportunity to identify the perpetrators or exonerate themselves before
their dismissals and at the arbitration, but failed to do so.

At the arbitration, two workers testified that they had no knowledge of any violence, and NUM denied that any
misconduct had occurred.
Judge Gush said it was not unreasonable to infer – based on the company’s evidence related to the strike and the
denials of two workers who participated during the arbitration – that all striking workers were engaged in and
participated in the strike, and had been present when the violence occurred.

“If they were not present or had no information regarding the perpetrators, they would have said so. They, despite
the opportunities afforded them, did not.”

Judge Gush said while violence often occurred during strikes, this was no justification for it and the workers had a
duty to report the perpetrators to the company, but had failed to do so.
“The essentials of trust and confidence demanded that they do more than simply remain silent.”

He also said that given the serious nature of the misconduct, the failure of an explanation by the workers justified the
disciplinary action taken by the company.

14. CAPE ARGUS: COURT SHOWDOWN OVER GOOD HOPE CENTRE (By: Lindsay Dentlinger) Article

published on the 16th of May 2016
Article citation: http://www.iol.co.za/news/south-africa/western-cape/court-showdown-over-good-hope-centre-
2022094

Cape Town - The Southern African Clothing and Textile Workers’ Union (Sactwu) is expected to approach the
Western Cape High Court on Monday to stop the city council from turning the Good Hope Centre into a film a studio.

The union has applied for an urgent interdict to restrain the council from making any changes to the 40-year-old
venue.
Sactwu says changes to the layout and structure of the centre have already begun and if allowed to continue, would
be irreversible and render the space unusable to the public.

Sactwu also wants the city council to be prohibited from entering into a new lease with anybody other than with a
member of the public for a short function and that the council be prevented from allowing any other person from
making changes to the building.

The interim interdict is being sought for three months to give Sactwu, the Bo Kaap Ratepayers and Civic Association,
the Cape Malay Choir Board and the District Six Working Committee time to prepare another court application to
review the city council’s decision to make the Good Hope Centre a private venue.

Monday’s court action follows a more than year-long battle between Sactwu and other civic groups who are opposed
to the city’s intention to lease the Good Hope Centre as a film studio for the next three years.

Mayco member for tourism, events and economic development Garreth Bloor confirmed on Sunday night, that the
city council intended to oppose Sactwu’s interdict application.

The city council held a briefing meeting with potential bidders last month in preparation for issuing a tender after
council approval was granted in March.
The council said the centre had fallen into disrepair which would cost R16 million to fix and was only generating
revenue of about R3 million a year.

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Last July, the city council entered into a short-term lease with a film company to use the venue as a film studio,
extending the lease until March this year, and putting the centre off limits to community groups who have been using
the venue for decades.

Sactwu had used the venue for the annual Spring Queen Pageant.

In court papers, the union said it had hosted its 40th pageant at the Athlone Stadium last November under protest
because it had no other choice.

It was far from public transport and attendees had been robbed at knifepoint.

The Cape Malay Choir Board held its annual singing competition at the Bellville Velodrome over the weekend having
used the Good Hope Centre in every year, except on two occasions since 1978.

People were turned away from attending earlier rounds of the competition last month, because the City Hall could
not accommodate them.

In an affidavit filed with the court, Sactwu co-ordinator Fachmy Abrahams said civic groups who supported the union
had not joined the interdict application due to the urgency of the matter. There had not been enough time for them
to hold meetings to take a formal resolution.

Abrahams said the city council’s decision to close the Good Hope Centre had affected the hosting of the Spring
Queen Pageant as part of its “Buy Local” campaign.

When held at the Good Hope Centre, it had attracted up to 10 000 people.

In 2014, only half this number of attendees could be accommodated because the mezzanine level had been closed
off.

“It is the only facility of its sort near the heart of the city and has always been in great demand.

“Over the years it became the venue of choice for large cultural and social events among the citizens of Cape Town,”
said Abrahams.
He alleged that the mayor had ignored a memorandum of demands from workers in April 2015 to initiate a public
participation process for citizens to decide on the centre’s future.

The matter was then referred to the CCMA for arbitration.

Abrahams contends that the union learnt through hearsay in August 2015 that the centre would be leased as a film
studio.

“The decision to lease out the centre was taken without due concern for the rights and expectations of the public in
general and the applicant in particular, and without proper consultation with the interested parties,” Abrahams said
in his affidavit.

Since there was already a film studio in Cape Town, Sactwu said it was not necessary to close a public facility for
this purpose.


2. LEGISLATION WATCH


2.1.CCMA related legislation


LEGISLATION SUMMARY OF LEGISLATION UPDATE





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3. ARTICLES


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